Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-28

Resolved That the Legislature of the State of
California, at its regular session, commencing
on the third day of January, A; D: eighteen hun
bred and eightyseven. two-thirds of all the
members elected to each of the two Houses of
said Legislature voting in favor thereof, hereby
propose that Sections two and three, of Article
VI, of the Constitution of said State, be
amended so as to read as follows:
SECTION 2. The Supreme Court shall consist of
seven Justices. The Associate Justices of the
Supreme Court, in office at the time of the adOp-
ton of this amendment to the Constitution, are
hereby continued in Office as Justices of the su-
preme Court for the remainder of the terms to
which they were respectively elected. The JUS
tees shall elect one of their number to be Chief
Justice, and he shall hold the Office of Chief
Justice of said Court for a term of two years.
At the expiration of the term of the Chief JUS
tice first elected and every two years thereafter,
the Justices shall elect Chief Justice for like
term of two years. An entry of the election of
such Chief Justice shall be made in the minutes
of the Court and signed by four Justices. When
ever thereafter vacancy occurs in the office of
Chief Justice, a like election shall be had to
fill such Office for the uneXpired term. The Su.
preme Court may sit in departments or in bank.
and shall always be open 1or the transaction OF
business. There shall be TWO departments, de-
nominated respectively. Department One and
Department Two The Chief Justice shall assign
three of the Justices to each department, and
such assignment may be changed by him from
time to time. The Justices shall be competent to
sit in either department, and may interchange
with each other by agreement among them
selves or as ordered by the Chief Justice. Each
of the departments shall have the power to hear
and determine causes and all questions arising
therein, subject to the provisions hereinafter
contained in relation to the Court in bank The
presence of three Justices shall be necessary TO
transact any business in either of the depart
ments, except such as may be done at cham
bers, and the concurrence of two Justices shall
he necessary to pronounce Judgment. The
Chief Justice shall app0rtion the business to
a dpDarfmpnts and his discretion
order any cause pending before the Court to be
heard and decided by the Court in bank. The
order may be made before or after Judgment
pronounced by department; but where cause
has been allotted to one of the departments, and
a judgment pronounced thereon, the order must
be made within thirty days after such judgment
and concurred in by two Justices, and if so
made it shall have the effect to vacate and set
aside the Judgment. Any four Justices may,
either before or after judgment by depart
ment, order a case to be heard in bank. If the
order be not made within the time above linn
tied, the judgment shall be final. Ne Judgment
by department shall become final until the
expiration of the period OF thirty days q ore
said, unless approved by the Chief Justice, in
writing, with the concurrence of two Justices
The Chief Justice may convene the Court in
bank at any time, and shall be the presid-
ing Justice OF the Court when so con-
vened. The concurrence of four JUS
necessary to pronounce a Judgment in bank
but if four Justices, so present, do not concur in
q Judgment then all the Justices qualified to SIT
in the cause shall hear the argument but to
render judgment concurrence of four Judges
shall be necessary. In the determination of
causes all decisions of the Court in bank or in
departments, shall be given in writing, and the
grounds of the decision shall be stated, The
Chief Justice may sit in either department, and
shall preside when so sitting, but the Justices
assigned to each department shall select one of
their number as presiding Justice. In case of
the absence of the Chief Justice from the place
at which the Court is held or his inability to
act the Associate Justices shall select ore of
their own number TO perform the duties and ex-
ercise the powers OF the Chief Justice during
such absence or inability to act. The Supreme
Court Commission, created by the Act of the
Legislature approved March twelfth, eightt en-
hundred and eighty-ive, shall continue and be
the adoption of this amendment. Said Com
mission may be continued for such time
thereafter as may be fixed by an Act
passed by vote of two-thirds of the
elected members of each House of the
and approved by the Governor.
The members thereof and Secretary shall be APP
POINTED as IN Act provided and such Com
manner as Judges of the Supreme Court. Said
Commission shalt have the same power to hear
md determine causes possessed by n depart
nent of the Supreme Court; and causes may be
assigned to the Commission in the same man
ner they are assigned to department, and after
decision they may be ordered heard in bank in
he same way, and with like restrictions as if
ltCtuSu III department. Inc judgments OF Lne
Commission shall be entered the judgments
Of the Court. The Commission shall sit at such
lines and places as may be designated by the
iourt, but such Commissioners shall not exer-
Use any judicial functions except when assem-
oled as a Commission. and then they shall only
have the power to hear and determine such
causes as may have been assigned to them.
SECTION 3. The Justices of the Supreme Court
hall be elected by the qualified electors of the
ate at large, at the general State elections and
he times and places at which State officers are
elected; and the term of office shall be twelve |
years from and after the fint Monday after the !
inst day of January next succeeding their cleo |
ion. Three Justices shall be elected for the full
ERIN at the general State election held IN eight |
zen hundred and ninety; and at the general cleo
ion held every fourth year thereafter, two /
Justices shall be elected for full terms of twelve
years, except that in every twelfth year there
lfter, three Justices shall be elected for full |
erns. If the Chief Justice, or any Justice, be- |
comes permanently disqualified, either men, !
ally or physically, to perform the duties of his
)fhee, and such fact is certified to the Governor
by five Justices. one of whom may be the Chief !
Justice in of the disability of Justice, the
office of such disqualified person becomes i'm |
vacant, and he khall be paid retir- |
ing salary of two hundred and fifty (2J0) dollars |
per month for the remainder Of his term. If a |
vacancy exist or occur in the Office of Justice,
he Governor shall appoint person to hold the |
office for the remainder of the unexpired term. |
rhe Governor shall appoint Justice to hold |
,fice as Justice for the unexpired term Of the |
ate Chief Justice.